Banking And Finance
Banking And Finance
The cliche ‘money makes the world go round’ couldn’t be more apt when talking about this area of legal practice, because, only does it relate to money, but it traverses the entire globe, covering numerous legal jurisdictions.
Banking and finance law focuses on the contractual relationship between lenders and borrowers. In all financial transactions, the main aim is to negotiate and manage this relationship to ensure the represented party’s interests are met both legally and commercially.
Different areas in this vast topic include the following:
- Bank Lending: A personal or business loan agreement where the bank lends money to a borrower that come attached with documented repayment terms
- Property Finance: A loan is sought and agreed for the purposes of enabling a borrower to obtain a property or develop the land of which a property will be built. Typically, this will be acquired through a mortgage
- Project Finance: A longer-term, multi-phased and often multi-faceted infrastructure project that involves public services. The amount is borrowed to carry out the project to and is paid back once it starts to bring in money
- Acquisition Finance: A loan borrowed by one company to provide it with the funds to purchase another company. Leveraged finance also comes under this area, whereby a borrower lends a considerable sum of money to meet the cost of acquisition requirements without committing to paying its own money
- Assets Finances: The lender will take security over the specific assets purchased (usually considerable sums)
- Derivatives: Understanding and managing currency rates during a transaction
- Capital markets: When a transaction takes place, a borrowing entity gives bonds to investors
- Islamic finance: Shari’a law prevents the collection and payment of interest on a loan. Islamic finance specialists work with Muslim borrowers, lenders and investors to ensure banking and financial arrangements are compliant with Shari’a law.
- We advise on banking relationships, credit and security, factoring and discounting, leasing, project finance, oil and gas financing, property finance, aircraft and ship financing, public private partnerships, securitizations and other types of repackaging, securities and banking regulations.
Corporate Banking
Corporate finance refers to activities and transactions related to raising capital to create, develop and acquire a business. It is directly related to company decisions that have a financial or monetary impact. It can be considered as a liaison between the capital market and the organisation.
We advise on equity and debt issues, balance sheet restructurings, accounting aspects of corporate finance, joint ventures, mergers and acquisitions, corporate reorganizations, management buy-outs and buy-ins, investment funds, company law and privatizations.
Energy And Infrastructure
The energy infrastructure is divided into three interrelated segments: electricity, oil, and natural gas. … Approximately 48 percent of electricity is produced by combusting coal (primarily transported by rail), 20 percent in nuclear power plants, and 22 percent by combusting natural gas.
Our Energy practice covers upstream, midstream and downstream energy operations including, exploration, development, production and marketing of oil and gas and associated infrastructure, IPPs and co-generation
Insolvency And Reconstruction
When a company gets into financial difficulty, all parties involved experience much uncertainty. There is often a lot at stake and many interests and factors to take into account. Sometimes the business can be rescued using the right measures, while in other cases a rescue is not possible, and winding up of the business is the only option. The key is finding a solution that mitigates financial losses as much as possible.
We provide assistance to public sector creditors, foreign authorities, financial services companies and businesses in distress in connection with insolvency and reconstruction proceedings. We also provide services with respect to domestic and cross border corporate insolvency, receiverships, rehabilitation of distressed corporate debtors, schemes of arrangements, liquidations.
Private Clients
A wealthy individual who typically has at least $1 million in assets invested with a brokerage or investment management company, though the minimum amount of assets may vary. Competition for private clients has increased as money management firms pursue the lucrative fees they can earn from these clients in order to compensate for decreasing commissions generated by other individual investors who have directed their business to discount stock brokers on the Internet. Our private client team provides specialist and tailored advice on estate planning, offshore trusts, asset protection arrangements and foundations.
Commercial Law
Commercial law or business law comprises the whole set of laws related to trade and sales. It includes laws on business contracts, sale of goods, banking, insurance, finance, partnership, bankruptcy, and taxation. It defines rights and obligations of parties in different types of contracts, such as agency agreements, guarantees, and contracts for carriage, sales and purchase of goods.
Elements of a Contract
It is difficult for sellers and buyers to make transactions without a clearly defined contract. Without a contract, there would be no assurance that the other party will honor the transaction. There are certain rules that need to be followed while forming these agreements. They make sure that the contract becomes enforceable through the legal system.
There are three main elements of a contract:
- Offer: The party proposing to enter into a contract must make an offer setting out the terms of the contract. The offer must be made with an intention of entering into a legally binding contract.
- Acceptance: The party to whom the offer is made must accept it unconditionally, and convey its acceptance to the offerer. Conditional acceptance and counter offers do not form a valid contract.
- Consideration: When one party is forgoing something, it must also receive something in return. That “something in return” for a promise to do or abstain from doing something is called consideration. A contract without consideration is not enforceable. Our commercial law practice covers agency, franchising, aviation, shipping, commodities, insurance and reinsurance, hospitality, property, intellectual property, IT and digital media, telecoms, media and entertainment, employment and pensions.
Dispute Resolution
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution, although conflicts are generally more deep-rooted and lengthy than disputes. Our acclaimed dispute resolution practice covers arbitration, mediation, conciliation and litigation.
We have extensive experience as counsel and arbitrator in ad hoc and institutional arbitrations under the UNCITRAL, ICC, LCIA, AAA, ASA, ICSID and other institutional Rules, in a broad range of sectors including banking, oil and gas, telecommunications, joint ventures, international trade and investments, state contracts and agency.
Fraud And Asset Tracing
Our Fraud and Asset Tracing specialists draw on a wealth of experience from both onshore and offshore practice. We advise on the full range of Fraud and Asset Tracing work from self-contained local proceedings through the largest and most complex cross border disputes. We provide services on the civil aspects of commercial fraud, domestic and international debt recovery.
Taxation
Taxation is the imposition of compulsory levies on individuals or entities by governments in almost every country of the world. Taxation is used primarily to raise revenue for government expenditures, though it can serve other purposes as well. In economic terms, taxation transfers wealth from households or businesses to the government. This has effects that can both increase and reduce economic growth.
We provide contentious and non-contentious advice and offer litigation services in corporate and personal taxation, petroleum profits tax, stamp duties, VAT, customs and excise duties and other imposts.
Public Law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. The part of the law that deals with the constitution and functions of the organs of central and local government, the relationship between individuals and the state, and relationships between individuals that are of direct concern to the state. It includes constitutional law, administrative law, tax law, and criminal law. We advise on constitutional and administrative law, electoral disputes, human rights and criminal
